Cambou

Cambou v. Marty

Good Law
1929 Cal. App. LEXIS 714·98 Cal. App. 598·277 P. 365
Court of Appeal of CaliforniaApril 30, 1929Docket No. 6752.California2,001 words

Opinion

Lead Opinion

Parker, J.

This is an appeal by defendants from a judgment in favor of plaintiffs in an action for damages. Plaintiffs are husband and wife and the cause upon which the action rests is the negligence of defendants through and as a result of which a minor child of plaintiffs was killed. No questions are presented which involve the joinder of parties or the amount of the judgment. The facts are not in dispute. The appellants’ contentions are twofold. First, they contend that there is no negligence chargeable to defendants or either of them and, secondly, that if negligence is chargeable to them the negligence of ’ plaintiffs, proximately contributing to the injury of the child, is sufficient to preclude a recovery. It thus becomes necessary to review the facts. Plaintiffs are husband and wife and were the parents of two minor children. One of these children was a boy named Ernest, aged seven, and the other was a boy named Jackie,, age about eighteen months at the time of his death. The plaintiffs lived upon a small ranch in Sonoma County. Incidental to or in conjunction with the ranch the plaintiffs, at certain seasons of the year, maintained a small resort and catered to summer guests. It is…

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